The Principle of Balance of Power in a Mixed System (A Comparative Study between the Iraqi and French Systems)

The parliamentary system is based on the principle of flexible separation of powers. The basis of this system is balance and cooperation between the legislative and executive authorities. As a general principle, all authorities in this system stand on an equal footing, without following or controlling one of them over the other. To maintain this balance between the two powers, it was necessary to From finding a neutral middle element that stabilizes and directs this balance, and this task was entrusted to the head of state, but the role of this head of state has become one of the characteristics and features of the parliamentary system, and the fact that the head of state is an element of balance between the legislative and executive authorities has two results, the first of which is the formality of the tasks entrusted to him, as well as As a result of this result, he is not responsible for the results of his work, as responsibility rises with the presence of authority, and where there is no authority or responsibility, and despite the formality of the functions exercised by the head of state in the parliamentary system, this does not prevent a reciprocal relationship between him and the authorities of the other state Including the Council of Ministers, which is the real responsibility for managing the affairs of the executive authority. Thus, it becomes clear that the parliamentary system relies on a fundamental principle, which is the duality of the executive authority, as this authority consists of two parties: the head of state is not responsible, and a responsible ministry that has the real executive authority. For the authorities in the state represents the link and reconciliation, so we will shed light in this research on the relationship of the President of the Republic with the Prime Minister in the Constitution of the Republic of Iraq for the year 2005.